Information juridique intelligente
 Belgique | 1-929-605-4013

Botelberghe v German State

International Law Reports Cited in Precedent Map Related
JurisdictionBélgica
JudgeD'Hoe,Wylleman,Forrier
CourtUnspecified Court (Belgium)
Date18 février 2000

Belgium, Regional Court, Ghent

(D'Hoe, Associate Judge, Presiding; Wylleman and Forrier, Judges)

Botelberghe
and
German State1

State immunity — Jurisdictional immunity — Acta jure imperii — Acts of armed forces in armed conflict — Whether attracting immunity — Whether crimes against humanity capable of constituting acta jure imperii — European Convention on State Immunity, 1972, Articles 11, 31 and 35

War and armed conflict — Crimes against humanity — Whether State entitled to immunity in action for crimes committed by its armed forces — The law of Belgium

Summary: The facts:—The plaintiff brought two actions against Germany relating to violations of humanitarian law allegedly committed during the Second World War.

Held:—The Court lacked jurisdiction as Germany was entitled to immunity. Although not applicable to the case, the European Convention on State Immunity, 1972, afforded guidance as to the state of international law. It was clear from Articles 31 and 35(3) of that Convention that the Contracting States regarded immunity for the actions of their armed forces on the territory of another State as an established fact and were not prepared to compromise it.

The following is the text of the relevant part of the judgment of the Court:

…

5.3 The equality and sovereignty of states, as well as the jurisdictional immunity based thereon, are fundamental principles of customary international law.

In principle, this means that no state may exercise jurisdiction over another sovereign state (par in parem non habet jurisdictionem) and no state may...

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